Question: I was in court on a non-payment of rent case, and the judge gave the tenant until the end of the day to pay what is owed.  Do I have to accept the money?  I have had numerous problems with this tenant, and just want them out.

 

Answer: Arizona is a cure-state, so if they pay everything that is owed BEFORE a judgment is entered, then you have to accept it.  Nothing in Arizona law specifically allows a judge to “hold” judgment, but it does sometimes happen.  If the judgment has not yet been signed and the tenant offers to pay everything that is owed (rent, late fees, court costs and attorneys’ fees, if applicable) you have to accept it.  Once the judgment is signed, however, you have sole discretion as to how to proceed.  You can elect to not accept the funds if the tenant has otherwise been a problem.

By Mark Zinman, Zona Law Group

Information contained in this article is for informational purposes only and should not be considered legal advice. You should always contact an attorney for legal advice and not rely on information published here.